Gravience with bank
DVR Kishore
(Querist) 19 October 2015
This query is : Resolved
I have deposited a cheque on 02.09.2015 for Rs.9,677/-. While depositing it, I am in disturbed mood. Due to such mood, I had filled all the details in the Pay-in-slip except my account number. And I have given such pay-in-slip along with cheque to the bank employee. But counter file was fine. In such pay-in-slip, I have filled my mobile number also. This incident was happened in Banglore Branch. While depositing, I enquired and confirmed that it will be cleared in three days. On 08.09.2015, I have made compliant using toll free number . On that day, I had tried to draw some money from an ATM but I was not allowed to access stating that insufficient funds besides charges in my account for this although, I got balance in my account. On 09.09.2015, I have received a message explaining that you compliant has been resolved. But I didn’t understood why cheque was not honoured and how they have confirmed that compliant has been resolved without consulting me. Again, I have tried to find reason by calling the same toll free number. But they have not given proper response and not taken another compliant. On 10.09.2015, I have taken permission in my office and gone to the branch in which i have deposited cheque. Then, I understood that account number was not filled by me and such cheque was lying in the same branch. And even their response was not satisfactory although they said that we will clear the cheque at our earliest and done accordingly. I have recorded that video too although video was not good, but audio was fine. On 12.09.2015, evening I have transferred certain amount to another account there after, I have drawn Rs.2000/- from ATM at Metro Branch, Beside Gopallan Mall, Benganahalli, Banglore. By mistake, I forgot to take money from ATM and gone to busstop. Immediately I realised my mistake and went back but no use. Such ATM also consisting Camera too. I tried to take the support of Bank by calling to toll free number. But even such response was not satisfactory. There are many charges in my account in that month. Although, sms were received in my present mobile number for transactions my old mobile number was linked for online transactions. I had tried twice to change my number using ATM with internet transaction request reference number but I didn`t know why it has failed. I don`t know who was the trustworthy person to complian in this behalf. Dear sir, I am in Banglore(Not my home town) at the time of this problems.
Having explained that I have complained to RBI Bankombudsman and demanded "an amount not less than Rs.1,00,000, Beside asking certain questions" . For this purpose I have submitted audio of phone call recorded and vedio recoreded, Bank Statement and Counter file of cheque. Compliant has been forwarded to SBI. What are the consequences, I can expect ?
For Actual compliant letter refer https://drive.google.com/file/d/0BzUh0cGuRAnsWWNNbnFaRlVfRVk/view?usp=sharing
Anirudh
(Expert) 20 October 2015
Dear DVR Kishore,
Instead of trying to blame the bank, better try to correct your own repeated mistakes. The bank is not responsible for your disturbing mood. If the account number is not filled up in the pay-in-slip, how do you expect the bank to credit the amount - and credit to which account in the absence of the account number?
If you fail to collect the amount from the ATM machine, who is to blame? Bank or you?
You are blameworthy and certainly not the BANK.
You will get not even a penny, forget about Rs. 1 lakh as demanded by you.
DVR Kishore
(Querist) 20 October 2015
Dear sir, Please read the total compliant letter for which I have posted URL link here. Anyway thanks for response
Anirudh
(Expert) 20 October 2015
There is nothing great in your complaint. My response is after going through everything.
DVR Kishore
(Querist) 20 October 2015
Dear Anirudh sir, I request to you respond for the following
1. Why do bank people not contacted me if they posses my phone number in it. Is such number for name sake only ?
2.They atleast had made an attempt to find the person who has given me such cheque.
3.When I had complianed through toll free number, how can they close the compliant without contacting to confirm whether it have been resolved on 09-09-2015
4.I had not deposited such cheque by dropbox but by interface of employee
5.At the time, I am in bank in this behalf, They had shown me bunch of such cheques. It means it is a repeated problem, why they have not taken care ?
6.I am in Banglore, How I can be expected to consult Bank manager in guntur, If I believe that he also one of the person for my problem
In my opinion, Because there is a small error on part of me, it may not be possible supress the all other issues. It is my monthly pay cheque. I am in very hard financial crises at that time. Sir, I will increase the claim amount to Rs.10 Lakhs, if they made me to approach court in this case. Plz go through the details of evidence and compliant once again. Although there are sufficient funds in my account ATM declained stating that there are insufficient funds. You can see the bank statement also for such charges of insufficient funds
Anirudh
(Expert) 20 October 2015
I need not answer your those irrelevant questions.
How impartial you are - you say that Not mentioning the vital information of A/c. number in the pay-in-slip is a 'small error'on your part, but the bank not contacting you based on your mobile number is their BIG MISTAKE!
It may be your monthly pay cheque, a gift from somebody etc. That hardly matters to the bank. You may be in financial affluence or distress - again that is not the concern of the bank.
You are free to increase your demand from Rs. 1 lakh to 10 lakh or even a crore.
Try your luck. But keep the outcome posted in this very column - whether or not the outcome is in your favour.
All the bests.
Rajendra K Goyal
(Expert) 20 October 2015
1. It was your duty to fill the account no., without account no. account can not be credited. You and not the Bank was at fault.
2. It was duty of the account holder to follow the due procedure while depositing the cheque.
3. You must have mentioned your problem, the cash was dispensed from ATM / transaction was complete hence, the complaint was resolved. If cash would not have been dispensed, Bank would have credited back your money.
4. So, what, it does not entitle you to do any mistake in filing the form.
5. Bank has to keep such cheques pending, depositor of which are not known. No other alternate.
6. If you belong to Banglore, keeping your account at Banglore, it is your another mistake if you deposit cheque in Guntur.
Bank was justified to waited till actual account holder come and rectify the mistake.
Account no. obtained from mobile may not be authenticated / reliable / open for chances of wrong credit.
One can not be compensated for his own fault, he is at liberty to claim hundred million of Rupees as compensation instead of one lac, but surely he would not succeed to get few Rs. even.
DVR Kishore
(Querist) 20 October 2015
Dear Rajendra K Goyal sir,
I do not know whether you have gone through the actual compliant I have made. Please access the link I have provided. Issue regarding Cheque deposit was not only happened in my case. They had shown me bunch of cheques like this at the time I have reached the bank in this behalf. If cases are repeating, then bank is expected to taken care off. If Bank atleast do not take care of information provided to employee directly for deposit, then it is better not use persons to accept cheque deposit. And save money which they would have paid to such persons as salary
DVR Kishore
(Querist) 20 October 2015
Dear Sir,
What will be the consequence if I directly made a compliant to Bankombusman after 4 days of cheque deposit by showing pay-in-slip acknowledgement. Because there is a limitation in the processing time of the cheque.There is nothing wrong in pay-in-slip acknowledgement. They had stampted it and given me at the time of deposit with out caring anything.
Kumar Doab
(Expert) 20 October 2015
Is your contention that :The bank staff should have carefully checked the payin slip and cheque before accepting it?
Did you handover the cheque to bank staff ot dropped in drop in box?
You may lodge a police complaint and complaint with bank to provide the video recording and find out who collected the cash left by you in ATM!
Upon your complaint the bank on its won may call the person if identifiable and ask to return the cash or police can act.
Guest
(Expert) 20 October 2015
Respected Author,Your 5 queries in Just 3 days how you are related to these
Rajendra K Goyal
(Expert) 20 October 2015
Dear author,
I am sorry, I could not answer as you wanted as it seems you would not be satisfied less than that.
You can approach all platforms, no one can prevent you to do so, however, you have no merit in your claim.
DVR Kishore
(Querist) 20 October 2015
Ok, Thanks for response of all
I will try my best to find better options.
But I can not quit without a minimum effort.
K.S.Srinivas
(Expert) 20 October 2015
Before going forward further, decide yourself whether there are merits in your case.
DVR Kishore
(Querist) 20 October 2015
Dear K.S.Srinivas sir,
If you access the link given, then you will get full details of compliant. You can access evidence available to with such link.
Thanks for response
Parthasarathi Loganathan
(Expert) 22 October 2015
The cheque amount when it is realized will be kept in Bank's sundry creditor account for want of account particulars. If you produce the counterfoil with the request letter bank is bound to reverse the same to the credit of your account
Anirudh
(Expert) 22 October 2015
Dear Mr. Parthasarathy,
Please throw some light, based on your experience in the banking sector, whether the querist would be eligible for any damages in the fact situation given.
Parthasarathi Loganathan
(Expert) 22 October 2015
Tortuous Liability will never hold good against any bank unless you establish a basic breach of duty primarily fixed by the law
Anirudh
(Expert) 22 October 2015
Thanks.
Will I be correct to take that in the given fact situation, there is no breach of any primary duty fixed by law on the bank?
Parthasarathi Loganathan
(Expert) 22 October 2015
Banks are well equipped to defend such matters whenever there is a claim against them for unliquidated damages.
